AN ACT
RELATING TO WILDLIFE; ALLOWING FOR THE
DESIGNATION OF AREAS IN WHICH BEAR-PROOF GARBAGE CONTAINERS ARE REQUIRED.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 17-1-14 NMSA 1978 (being Laws 1921,
Chapter 35, Section 7, as amended) is amended to read:
"17-1-14. GENERAL POWERS AND DUTIES OF STATE GAME
COMMISSION--GAME PROTECTION FUND.--
A. The state game commission shall have general
control over the collection and disbursement of all money collected or received
under the state laws for the protection and propagation of game and fish, which
money shall be paid over to the state treasurer to the credit of the game
protection fund, and the fund, including all earned income therefrom, shall not
be transferred to another fund. Chapter 17 NMSA 1978 shall be guaranty to the
person who pays for hunting and fishing licenses and permits that the money in
that fund shall not be used for any purpose other than as provided in Chapter
17 NMSA 1978.
B. The state game commission shall have
authority to:
(1) establish and, through the director of the
department of game and fish, to operate fish hatcheries for the purpose of
stocking public waters of the state and to furnish fish fry and fingerlings to
stock private waters, receipts from such sources to go into the game protection
fund;
(2) declare closed seasons in any specified
locality and on any species of game or fish threatened with undue depletion
from any cause;
(3) establish game refuges for the purpose of
providing safe sanctuaries in which game may breed and replenish adjacent
hunting ranges, it being the purpose of this provision to establish small
refuges rather than large preserves or to close large areas to hunting;
(4) purchase lands for game refuges where
suitable public lands do not exist, to purchase lands for fish hatcheries and
to purchase lands to be maintained perpetually as public hunting grounds,
particularly lands suitable for waterfowl hunting, all such lands to be paid
for from the game protection fund;
(5) receive by gift or bequest, in the name and
on behalf of the state, lands suitable for game refuges, hunting grounds, fish
hatcheries or for any other purpose necessary to carry out the provisions of
Chapter 17 NMSA 1978;
(6) apply for and accept any state, federal or
private funds, grants or donations from any source for game and fish programs
and projects;
(7) designate certain areas as rest grounds for
migratory birds, in which hunting shall be forbidden at all times or at such
times as the state game commission shall provide, it being the purpose of this
provision not to interfere unduly with the hunting of waterfowl but to provide
havens in which they can rest and feed without molestation;
(8) close any public stream or lake or portion
thereof to fishing when such action is necessary to protect a recently stocked
water, to protect spawning waters or to prevent undue depletion of the fish;
(9) propagate, capture, purchase, transport or
sell any species of game or fish needed for restocking any lands or streams of
the state;
(10) after reasonable notice and hearing, suspend
or revoke any license or permit issued pursuant to the provisions of Chapter 17
NMSA 1978 and withhold license privileges for a definite period not to exceed
three years from any person procuring a license through misrepresentation,
violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper
license;
(11) adopt rules establishing procedures that
provide reasonable notice and a hearing before the state game commission for
the suspension, revocation or withholding of license privileges of a person
charged with violating the provisions of Chapter 17 NMSA 1978, subject to such
judicial review as may be provided by law;
(12) conduct studies of programs for the
management of endangered and nongame species of wildlife;
(13) establish licenses, permits and certificates
not otherwise provided for in Section 17-3-13 NMSA 1978 and charge and collect
just and reasonable fees for them; provided the fees shall not exceed the costs
of administration associated with the licenses, permits or certificates;
(14) permit, regulate or prohibit the commercial
taking or capturing of native, free-ranging amphibians or reptiles not
specifically protected by law, except for rattlesnake roundups, collection of
fish bait and lizard races;
(15) adopt rules to control, eradicate or prevent
the spread of a contagious disease, pest or parasite, including chronic wasting
disease, to or among game animals. The
rules shall include provisions for:
(a) notification to the department of game and
fish of the diagnosis or suspected presence of a contagious disease;
(b) examination by the state veterinarian or his
designee of suspected infected game animals;
(c) quarantine, treatment or destruction of an
infected game animal;
(d) disinfection and isolation of a licensed
private park where an infected game animal has been; and
(e) indemnification and destruction of a
protected game animal; and
(16) as necessary, designate areas of the state in
which bear-proof garbage containers are required on public and private lands to
reduce potential human-bear interactions.
C. The director of the department of game and
fish shall exercise all the powers and duties conferred upon the state game and
fish warden by all previous statutes now in force not in conflict with Chapter
17 NMSA 1978.
D. The state game commission shall have
authority to prohibit all hunting in periods of extreme forest fire danger, at
such times and places as may be necessary to reduce the danger of destructive
forest fires.
E. The hunting, pursuing, capturing, killing or
wounding of any game animals, birds or fish in or upon any game refuge, rest
ground or closed water or closed area or during any closed season established
or proclaimed by the state game commission in accordance with the authority
conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be
punishable as prescribed in Chapter 17 NMSA 1978."